Terms of Use

AndreJutras.ca may offer templates for Joomla, themes for WordPress, or other platforms. My website is free to use, and offer free and paid themes onsite.

Note: These terms of service can change without notice.Last Updated: April 13, 2018.

Terms of Service:

The following terms and conditions govern all use of the AndreJutras.ca website and all content, services, and products available at or through the website, including, but not limited to, plugins, or themes. The Website is owned and operated by GeJay Media (on behalf of AndreJutras.ca). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, and procedures that may be published from time to time on this Site by AndreJutras.ca (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by AndreJutras.ca, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your AndreJutras.ca Account and Site. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign your user account in a misleading or unlawful manner, including in a manner intended to trade or allow others to use this account You must immediately notify AndreJutras.ca of any unauthorized uses of your user account or any other breaches of security. AndreJutras.ca will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by AndreJutras.ca or otherwise. By submitting Content to AndreJutras.ca for inclusion on your Website, you grant AndreJutras.ca a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. This license allows AndreJutras.ca to make publicly-posted content available to third parties selected by AndreJutras.ca (through the AndreJutras.ca Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. The responsibility of Contributors. If you participate or comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

Without limiting any of those representations or warranties, AndreJutras.ca has the right (though not the obligation) to, in AndreJutras.ca’s sole discretion (i) refuse or remove any content that, in AndreJutras.ca’s reasonable opinion, violates any AndreJutras.ca policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in AndreJutras.ca’s sole discretion. AndreJutras.ca will have no obligation to provide a refund of any amounts previously paid.

Memberships, Payment, Renewal, and Refunds.

General Terms. Single Theme Purchases, Paid Memberships such as support and theme memberships are available on the Website (any such services, an “Upgrade”). By selecting a Membership or Upgrade you agree to pay AndreJutras.ca the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Should this website close or cease to exist, all memberships will expire at that time. Payments will be made to (‘GeJay Media‘). AndreJutras.ca will no longer be responsible for providing support for its themes and plugins if:

AndreJutras.ca is no longer actively developed as a viable product under GeJay Media (owner of AndreJutras.ca).

AndreJutras.ca or the parent company is purchased or bought out by another company.

WordPress is no longer actively developed.

Automatic Renewal. AndreJutras.ca does not offer Automatic Renewal. If you wish to maintain an active membership, we recommend you renew your subscription before it expires. Expiry Notices will be sent out to each member with enough time to renew.

Automatic Updates. Automatic updates are available to license holders who have an active and valid subscription and license key. Automatic updates are available for our themes and plugins obtained from AndreJutras.ca. Automatic updates are available as long as the license key generated from the purchase is valid and active.

AndreJutras.ca reserves the right to modify, change, cancel or upgrade a theme and plugin membership and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.

Refunds. If you decide you are unhappy with the theme, we want to make things right. Within 30 days of any purchase, AndreJutras.ca will refund the full price you paid upon request. Simply contact us via our contact form and let us know you’d like a refund. Although not required, please provide details as to why you are unhappy, so that we can make sure improvements are made. (No refunds are provided after 30 days following purchase.). If this website closes or ceases to exist, payments made are not refundable unless they fall within 30 days from the original transaction date and will be honored if requested.

Theme and Plugin Delivery. After we have processed your payment successfully, you will receive an email with your order number and other purchase information. Your license key is available in your account area along with your plugin downloads. You can download the plugin by logging into the account created for you when purchasing the plugin and clicking on the appropriate link. Should you not receive an email containing your information, you can contact us through https://www.AndreJutras.ca/contact to request your purchase information. Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.

The responsibility of Website Visitors. AndreJutras.ca does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AndreJutras.ca disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which AndreJutras.ca links, and that link to AndreJutras.ca. AndreJutras.ca does not have any control over other websites and webpages and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, AndreJutras.ca does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AndreJutras.ca disclaims any responsibility for any harm resulting from your use of other websites and webpages.

Copyright Infringement and DMCA Policy. As AndreJutras.ca asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AndreJutras.ca violates your copyright, you are encouraged to notify AndreJutras.ca. AndreJutras.ca will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. AndreJutras.ca will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AndreJutras.ca or others. In the case of such termination, AndreJutras.ca will have no obligation to provide a refund of any amounts previously paid to AndreJutras.ca.

Intellectual Property. This Agreement does not transfer from AndreJutras.ca to you any AndreJutras.ca or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AndreJutras.ca. AndreJutras.ca, WordPress, AndreJutras.ca, the AndreJutras.ca logo, and all other trademarks, service marks, content, graphics, and logos used in connection with AndreJutras.ca, or the Website are trademarks or registered trademarks of AndreJutras.ca or AndreJutras.ca’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any AndreJutras.ca or third-party trademarks.

Marketing. AndreJutras.ca reserves the right to display your comments and testimonials on the AndreJutras.ca website and AndreJutras.ca social network profiles.

Attribution. AndreJutras.ca reserves the right to display attribution links at AndreJutras.ca.

Friends of AndreJutras.ca. By activating a theme or plugin from our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme or plugin.

Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we may (although not obligated) let you know by posting on one of our blogs or social profiles, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using AndreJutras.ca within the designated notice period. Your continued use of AndreJutras.ca will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination. AndreJutras.ca may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AndreJutras.ca account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. AndreJutras.ca and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AndreJutras.ca nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will AndreJutras.ca, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AndreJutras.ca under this agreement during the twelve (12) month period prior to the cause of action. AndreJutras.ca shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the AndreJutras.ca Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless AndreJutras.ca, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Translation. These Terms of Service were originally written in English (CAD). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous. This Agreement constitutes the entire agreement between AndreJutras.ca and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AndreJutras.ca, or by the posting by AndreJutras.ca of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the city of Vancouver, British Columbia. Except for claims for an injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with Judicial Arbitration and/or Mediation Services. The arbitration shall take place in Vancouver, British Columbia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AndreJutras.ca may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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